Residential Tenancies Branch

Definitions

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The Non-Smokers Health Protection Act says that all “enclosed public places” must be smoke-free. This legislation includes any part of the common areas of a residential building. Hallways, elevators, and group-use spaces (for example, a room tenants can use to hold a function) must all be smoke-free. Landlords must ensure that tenants comply with this legislation. The Branch encourages landlords to post signs in public areas reminding tenants of this law.

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Some tenants are more sensitive to smoking fumes than others. If a tenant believes that smoke from another unit is filtering into theirs, they should discuss the problem with the landlord. A landlord may be able to seal the unit more tightly. Or, the landlord may allow the tenant to move to another unit in the complex.

If a landlord can’t resolve the problem, a tenant may want to move because of a risk to their health. If a tenant chooses to move and the landlord loses rent, the landlord may decide to file a claim for compensation. Before moving, a tenant may want to consider giving the landlord information from a doctor to support their claim of the risk to their personal health.

When a tenant smokes, there may be a build-up of tar residue on the walls and ceiling. If a landlord plans to paint a rental unit during a tenancy, it’s not unreasonable for the landlord to ask the tenant to wash the walls and ceiling to prepare them for painting. At the end of a tenancy, it’s not unreasonable for the landlord to expect that the tenant leave the walls and ceiling in reasonably clean condition.

Procedure

Overview

This policy is included as information for officers, landlords and tenants on issues related to smoking. If a landlord and tenant can’t resolve a problem on their own, they can ask the Branch for help.

Steps ▼

1.The officer encourages the landlord and tenant to share information and to discuss the problem, to try to come to an agreement.

2.When a tenant or landlord asks the Branch for help with a smoking related problem, an appropriate officer follows the procedures for:

• mediation
• hearings

Forms & Form Letters

X-Referencing

For information on mediation, see Section 1.
For details on a tenant’s right to give notice, see Notice by Tenant – Fixed Term Tenancy Agreement in Section 7.

Policy Developed

March, 2004

Last Revision

May, 2015

Other Resources

None

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